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HomeMy WebLinkAboutBOA 1977.pdf BOARD OF ADJUSTMENT January 26, 1977 Pasco, Washington REGULAR MEETING J The Regular Meeting of the Board of Adjustment was held at 8:00 p.m., Wednesday, January 26, 1977, in the Council Chambers of Pasco City Hall. ROLL CALL: Members present were David Squires, E.L. Suhadolnik, Shirley Zahn and John Koster. APPROVAL OF MINUTES: Minutes of the Regular Meeting held October 27, 1976, were approved as written. PUBLIC HEARING #76-21 SPECIAL PERMIT, 823 S. 10th Avenue Secretary read the application for a Special Permit to set up and operate a Shelter for Abused Women as submitted by the Salvation Army. The Board was advised that since the original hearing on October 27, 1976, both the Building Department and the Fire Department have inspected this structure and submitted repair lists to bring the building up to code requirements. Notice had been remade to all property owners regarding the new hearing date. Mr. Anderson of the Salvation Army had called last week and stated that he thought that this location would not be reconsidered by the Salvation Artry and stated that if no one showed up for the hearing the Board could consider the request as withdrawn. The public hearing was then opened. After three calls by the Chairman, no one in the audience spoke either for or against this request. The public hearing was then closed. Motion was made by Suhadolnik, seconded by Zahn, th deny this request for a Special Permit due to the lack of interest of the applicant. Motion carried by unanimous vote. PUBLIC HEARING #76-22 LOT COVERAGE VARIANCE, 1815 W. Irving Street Secretary read the application for a variance from the permitted lot coverage in an R-1 Zone as submitted by Franklin Klein, 1815 W. Irving Street. The Board was advised that notice of the public hearing had been mailed to ail property owners within 300 feet of this parcel. No correspondence has been received regarding this request, however, four of the notices have been returned by the post office marked 'unable to locate' . Public hearing was then opened. Franklin Klein, 1815 W. Irving, stated that he requested the variance so that he could build a carport to protect his travel trailer, which will be constructed of a wood frame cover anchored to steel posts. The structure would be well away from his dwelling and would provide easy access. With the addition of this carport, total lot coverage would be 34.9%. No one else in attendance at the meeting spoke either for or against this request. The public hearing was then closed. After discussion by the Board, motion was made by Koster, seconded by Suhadolnik, to approve this request for variance as submitted. Motion carried by unanimous vote. PUBLIC HEARING #76-23 FRONT YARD VARIANCE, 518 N. 20th Avenue. Secretary read the application for a variance from the required front yard set-back in the C-1 Zone as submitted by Dr. James A. Dart, 714 N. 4th Avenue. The Board was advised that notice of the public hearing had been mailed to all property owners within 300 feet of this parcel. Bud Williams, 2017 W. Yakima St., indicated in person that he had no objection to this request. No other correspondence had been received. Three letters had been returned by the post office marked ' unable to deliver' . The public hearing was then opened. Dr. James A. Dart stated that this would be an orthodontist office, the plans have been approved by the City, and he would like to set the building closer to the street for better exposure. The strebt right-of-way is 90 feet wide, but only 80 feet of it is being Board of Adjustment 1-26-77 used, which puts his property line 19 feet back of the existing curbline. If approved, l his building would still be 26 feet behind the curb. The property owners between Lewis St. / and Sylvester St. are planning to request that 10 feet of this right-of-way be vacated, which would still place his building 17 feet back of his front line. No one else spoke for or against this request, so the public hearing was then closed. After discussion by the Board, motion was made by Zahn, seconded by Suhadolnik, to approve this request for a variance as submitted. Motion passed by the following vote: Koster, yes; Suhadolnik, yes; Zahn, .yes; Squires, no. PUBLIO HEARING #77-1 TEMPORARY USE PERMIT, 1912 W. "A" Street Secretary read the application for a Temporary Use Permit as submitted by C.E. Helm, Star Rentals, Walla Walla, to locate a travel trailer at 1912 W. "A" Street for a period not to exceed 6 months to be used as a business office during the construction of their permanent structure. No correspondence has been received on this request after notifying all prop- erty owners within 300 feet. One letter was returned from the post office marked 'unable to deliver' . The public hearing was then opened. Charles Helms, Star Rentals, stated that they are setting up a dealership at 1912 W. "A" Street and are letting the bid for a new structure. They handle rental and sales of contractors equipment. He would like to set up an 8'x17' travel trailer for use as an office for temporary use during the construction of the new building, which will take 90 to 120 days. This trailer will be 300 feet from any other building in the area and will be connected to all utilities as the previous use of this property was for mobile home sales and the utilities are in. No one else spoke either for or against this request. The public hearing was then closed. After discussion by the Board, motion was made by Koster, seconded by Zahn, to approve this request for a temporary use permit as submitted. Motion passed by unanimous vote. PUBLIC HEARING #77-2 FRONT YARD VARIANCE, 209 N. 7th Avenue Secretary read the application for a variance from the required front yard set-bakk in the R-1 Zone as submitted by Willie O'Brien, Rt 1, Box 57, Waitsburg, Wn. The Board was ad- vised that notice of the public hearing had been mailed to all property owners within 300 feet of this parcel. Four of the notices had been returned by the post office marked [unable to deliver' . R.O. Hall, 702 W. Bonneville, Dixie Hale, 124 N. 7th, Judith Grigg, 1725 W. Irving, Luella Wilson, 224 N. 7th, and Mary Spaulding, 301 N. 8th, had telephoned in that they had no objections to this request. No other correspondence had been received. The public hearing was then opened. Earl Martin, 716 W. Bonneville, and Earl Warren, 120 S. 26th, both stated they had no objection to this request. No one else spoke either for or against this request. The public hearing was then closed. After discussion, motion was made by Suhadolnik, seconded by Koster, to approve this re- quest for a variance as submitted. Motion carried by unanimous vote. ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 9:00 p.m. Respec Hilly submitted, /Sae retarq BOARD OF ADJUSTMENT March 23, 1977 Pasco, Washington 1 REGULAR MEETING I The Regular Meeting of the Board of Adjustment was held at 3:00 p.m., Wednesday, March 23, 1977, in the Council Chambers of Pasco City Hall. ROLL CALL: Members present were David Squires, Shirley Zahn and Donald Fleming. APPROVAL OF MINUTES : Minutes of the Regular Meeting held January 26, 1977, were approved as written. PUBLIC HEARING #77-3 SPECIAL PERMIT, Day Care Service, 1215 W. Court Street Secretary read the application for a Special Permit to operate a short term migrant day care service as submitted by the Educational Institute for Rural Families. The Board was advised that proper notification of the public hearing had been given and no correspondence regarding this request had been recieved. The public hearing was then opened. Chairman requested comments from the audience, and recieving none, was advised by the secretary that this was a continued hearing since no quorum was available fur the scheduled hearing and possibly the applicant get not recieve notification of the date change. Board was also advised that this is a continuing seasonal operation that was approved for the same period last year. The public hearing was then closed. After discussion by the Board, motion was made by Zhhn, seconded by Fleming, to approve this Special Permit as requested. Motion carried by unanimous vote. PUBLIC HEARING ##77-4 FENCE HEIGHT VARIANCE, Paul Lawson, 26th & "A" Streets Secretary read the application for a variance to the permitted fence height in a front yard as submitted by Paul Lawson, 1017 W. Sylvester Street, Pasco. The Board was advised that proper notification of the public hearing had been given and one letter was returned by the post office marked 'unable to deliver!. The public hearing was then opened. Paul Lawson stated that he is developing a mobile home court at the north-east corner of 26th & "A" Streets and finds that to erect a fence 6' high along "A" Street as a sight screen would be in violation of the Zoning Ordinance. The property to the east of his has a 6' fence at the rear property line and he proposes to continue this 6' height along "A" Street to a point 20' east of 26th, and to continue from that point to the intersection with a 42" high fence. This would afford some privacy for the tenant. Mr. Lawson stated that he has contacted the Fire Department and they have no pnoblem with the fence or the park lay-out. Earl Warren, 120 S. 26th, stated that he operates a business from his residence and uses this intersection several times a day, stating that he thought a 42" high fence on this corner would block the view of traffic. Lawson then stated that his saying the fence would be 42" high was incorrect and that he had planned a 36" high fence from the intersection east for 201 , which would not block the view. Mr. Warren then stated that he has no objec- tion to this request. There were no other comments from the floor, so the public hearing was then closed. After discussion by the Board, motion was made by Fleming, seconded by Zahn, to approve this fence height variance as requested. Motion carried by unanimous vote. PUBLIC HEARING #77-5 SPECIAL PERMIT, Goodwill Industries, 939 W. Agate Street Secretary read the application .for a Special Permit to operate temporary housing for trainees of Goodwill Industries, as submitted by Goodwill Industries. The Board was advised that proper notification of the public hearing had been given and six letters were returned by the post office marked 'unable to deliver' . One telephone call had been recieved indicating Board of Adjustment 3=23-77 Pasco, 41n. that several property owners in the neighborhood would protest this use. The Board was also advised that the secretary had unofficially been notified that this request would not be pursued due to the high cost of purchasing and renovating this building. The public hearing was then opened. Chairman requested comments from the audience, and recieving none, declared the request to be invalid and therefore denied. PUBLIC HEARING #77-6 SPECIAL PERMIT, Group Home, 524 N. 8th Avenue Secretary read the application for a Special Permit to operate a group home for boys as submitted by Tri Cities Group Homes, Inc. The Board was advised that proper notification of the public hearing had been given and 4 letters were returned from the post office marked 'unable to deliver' , and no other correspondence regarding this request had been recieved. This use was permitted on a limited basis three years ago and this application is for a re- newal. The public hearing was then opened. John P. Colgan, Director of Tri Cities Group Homes, Inc., addressed the Board and stated that this home has been in operation for three years. It started out as a home for girls, aged 13 to 17, who were wards of the state, but was recently changed to a home for boys. These boys are from the Tri Cities area and are required to attend the local schools as the home conducts a work/study program. The home is staffed by live-in house parents. There have been no neighborhood or police problems since moving the boys into the home and this program has been relatively successful. There was no other comment from the audience, so the public hearing was then closed. After discussion by the Board, motion was made by Zahn, seconded by Fleming, to approve the operation of this Group Home for a one (1) year period. Motion carried by unanimous vote. PUBLIC HEARING #77-7 SPECIAL PERMIT, Office in R-3 Zone, 1716 N. 20th Ave. Secretary read the application for a Special Permit to operate a real estate office in the R-3 Zone as submitted by Dick Wirth and Associates, Inc. The Board was advised that proper notification of the public hearing had been given and one reply had been recieved from Floy Casey Durham, PO Box 324, Pasco, indicating she was in favor of this request. The public hearing was then opened. Dick Wirth, 1113 Maple Place, Richland, stated that he has offices in Kennewick and Richland and would like to set one up in Pasco. This property is well suited to his needs and he plans on making about $10,000 worth of repairs and modifications to the building such as change the roof line and clean it up in general, provide adequate parking for the staff and customers. He presented a plot plan and an elevation of the structure to the Board. Joe Farenbach, 1748 N. 21st, questioned use of the alley for vehicle traffic and was advised that this alley was vacated some time ago and is not accessible. Floy Durham, 1225 S. 12th, stated she is in favor of this request and feels that it would improve the neighborhood. Jack Cooney, 1712 N. 20th, stated that he lives next door to this building and would be in favor of this type use. There being no further comments from the floor, the public hearing was then closed. After discussion by the Board, motion was made by Fleming, seconded by Zahn, to approve this Special Permit as requested. Motion carried by unanimous vote. PUBLIC HEARING #77-8 SIDE YARD VARIANCE, 1142 W. Henry Street Secretary read the application for a variance from the required side yard as submitted by A.A. Pruett, 1142 W. Henry Street. The Board was advised' that proper notification of the public hearing had been given and two letters were returned from the post office marked 'unable to deliver' . No other correspondence had been recieved. The public hearing was then opened. Board of Adjustment 3- 3-23-77 Pasco, `h. l Leslie Crawford, 5819 W. Clearwater, Kennewick, stated that he is the contractor remodeling this dwelling and would like to speak for Mrs. Pruett since she is unable to attend this meeting. He stated that the present house is 13 ' from the back edge of the sidewalk on the 14th Avenue side, of which he understands would include 4' of public right-of-way, which would place the house 9' from the property line. Mrs. Pruett would like to extend her living room to the north (Henry Street) which would not violate the front yard requirement. They do not intend to enroach any farther into the required side yard, but merely to con- tinue the present building line. At a later date, Mrs. Pruett may decide to enlarge her kitchen by extending it to the rear along the same building line, and therefore requests that, if granted, this variance would also cover that phase of construction. There being no further comment from the floor, the pablic hearing was then closed. After discussion by the Board, motion was made by Zahn, seconded by Fleming, to approve this request for a variance as submitted. D'otion carried by unanimous vote. ADJOURNMENT, There being no further business before the Board, the meeting was adjourned at 9:08p.m. Respectfully submitted, J e Aic�zrry cretary BOARD OF ADJUSTMENT April 27, 1977 Pasco, Washington REGULAR MEETING The Regular Meeting of the Board of Adjustment was held at 8:00 p.m., Wednesday, April 27, 1977, in the Council Chambers of Pasco City Hall. ROLL CALL: Members present were David Squires, Don Fleming & Darwin Murray. APPROVAL OF MINUTES: Minutes of the Regular Meeting held March 23, 1977, were approved as written. PUBLIC FEARING #77-9 SPECIAL PERMIT, Day Care Center, 230 W. Pearl Street Secretary read the application for a Special Permit to operate a Day Care Service and Early Childhood Education to Children of Migrant Workers as submitted by Carlos M. Diaz, 305 Euclid St., Grandview, Wn. The Board was advised that proper notification of the public hearing had been given and no correspondence regarding this request had been re- cieved. The public hearing was then opened. Chairman requested comments from the audience, and recieving none, declared the public hearing closed. After discussion by the Board, motion was made by Murray, seconded by Fleming, to table this request until the next regular meeting and to advise the applicant of the same. Motion was carried by unanimous vote. PUBLIC HEARING #77-10 SPECIAL PETRUMIT, Office in R-3 Zone, 2126 W. Henry Street Secretary read the application for a Special Permit to erect and maintain an offic build- ing in a Residential R-3 Zone as submitted by C.H.M. Development Co., PO Box 525, Pasco. The Board was advised that proper notification of the public hearing had been given and no correspondence regarding this request had been recieved. The public hearing was then opened. Bob Chamberlin, C.H.M. Development Co. , stated that he has been approached by the U.S.D.A. to erect an office building to house the Soil Conservation Service, Farmer's Home Adminis- tration and related offices. The building would be one story in height and contain about 3300 square feet of floor area. Jim Brittain stated that he owns an apartment house in the vicinity and requested info on how this would affect traffic in that area in relation to small children. Mr. Chamberlin stated that very little extra traffic would be generated, sidewalks would be provided for pedestrians, and the office hours for this use would not interfer with the school hours. There were no further comments from the floor, so the public hearing was closed. After discussion by the Board, motion was made by Fleming, seconded by Murray, to grant this special permit as requested. Motion carried by unanimous vote. PUBLIC HEARINII' ;Y 77-11. VARIANCE, Gary Adanson, 1531 N. 5th Avenue Secretary -read the application for a variance to the required ,yard from a mobile home park boundary as submitted by Gary Manson, 1729 W. Octave, Pasco. The Board was advised that proper notification of the public hearing had been given and three letters had been returned by the post office marked 'unable to deliver' . No other correspondence had been recieved. The public hearing was then opened. Gary Manson stated that his mother owns the mobile home park at 1531 N. 5th Avenue and he is speaking in her behalf. A park manager has been hired and after removing a 20x55 trailer his 14x70 trailer was moved into this location. The front of the mobile home is 1 two feet inside the property line on the 4th Avenue side of the park and in line with l another trailer that has been there for several years. He has been notified by the Build- ing Department that the minimum ;lard requirement is:,ten feet. Board of Adjustment -2- 4-27-77 Pasco, `edn. l There being no other comments from the floor, the public hearing was closed. After discussion by the Board, motion was made by Murray, seconded by Fleming, to grant this variance as requested, with the stipulatmon that if and when this trailer is moved out, or arty other trailer in this park is replaced, the new unit will be set up to meet the current code requirements. Motion carried by unanimous vote. PUBLIC HEARING #E77-12 VARIANCE, Dick Wirth & Asso., 1716 N. 20th Avenue Secretary read the application for a variance to the required front yard in the Residential Zone as submitted by Dick Wirth & Associates. The Board was advised that proper notifi- cation of the public nearing had been given and one letter had been returned by the post office marked 'unable to deliver' . No other correspondence had been recieffed. The public hearing was then opened. Dick Wirth, 1406 N. 20th Ave., stated that they have purchased this building, obtained a special permit from the Board of Adjustment to occupy it as an office, and are desirous of upgrading the building and the neighborhood. The front porch slab extends five feet from the building and the face of the porch is 12'4° from the front property line. They would like to erect a roof over this slab to not only dress up the building, but to provide safer access to the building during inclement weather. A letter to the Board from Jack E. Cooney, 1712 N. 20th Ave. , was presented to the Board indicating that Yr. Cooney was fully in favor of this request. Bob Chamberlin stated that at one time he owned this building and it certinally is in need of upgrading. At one time, ten feet of this property was given to the City for a street widening project, which placed the building in violation of the front yard requirement. There being no further comment from the floor, the public hearing was closed. After discussion by the Board, motion was made by Fleming, seconded by Murray, to grant this variance as requested. Motion carried by unanimous vote. PUBLIC EBARING #77-13 INTERPRETATION of CODE, Big Pierre Lumber, 2300 W. Court Street Secretary read the request for interpretation of Zoning Ordinance concerning Section 22.72.010(3) as submitted by Big Pierre Lumber. There was no one in the audience to speak for this request. Building Inspector Jim McCurry explained the rationale used in making this interpretation. After discussion by the Board, motion was made by Fleming, seconded by Murray, to agree with the interpretation as determined by the City to disallow the enlargement of an exist- ing non-conforming use. Motion was carried by unanimous vote. ADJOURNMENT.. There being no further business before the Board, the meeting was adjourned at 9:10 p.m. Respectfully submitted, J H, McCurry ecretary I BOARD OF ADJUSTI-TiYT Kay 25, 1977 Pasco, Washington REGULAR MEETING I The Regular Meeting of the Board of Adjustment was held at 8:00 p.m., Wednesday, May 25, 1977, in the Council Chambers of Pasco City Hall. ROLL CALL: Members present were David Squires, Don Fleming, Shirley Zahn and Darwin Yurray. APPROVAL OF MINUTES: Minutes of the Regular Meeting held April 27, 1977, were approved as written. PUBLIC HEARING #77-9 SPECIAL PERMIT, Day Care Center, 230 W. Pearl Street This hearing was continued from the last meeting and reading of the request was dispensed with. Public Hearing was opened. Carlos M. Diaz, 305 Euclid St., Grandview, Wn., stated that he is the director of this program and their desire is to add another modular unit to the existing facility to in= crease their. capacity. There being no further comment from the floor, the public hearing was closed. After discussion by the Board, motion was made by Zahn, seconded by Fleming, to approve this request as submitted. Motion carried by unanimous vote. PUBLIC HEARING X77-14 SPECIAL PERMIT, R.W. Pischel, 1400 block N. 15th Ave. Secretary read the application for a Special Permit to convert existing duplex apartment buildings to office and professional uses in a Residential R-3 Zone as submitted by R.W. Pischel, 4100 Riverhaven, Pasco. The Board was advised that proper notification of the public hearing had been given and no correspondence regarding this request had been re- cieved. The public hearing was then opened. R.W. Pischel, LF100 Riverhaven, Pasco, stated that is this Special Permit were granted, he would remove the existing garages from the rear of the property and construct paved parking areas off the alley, blacktop the alley, remove the trees from the property and generally dress up the area. Interior remodeling of the structures would be done by the prospective tenants. Work would not start on this project until firm committments had been gained and the work would be completed within 30 to 60 days after the start. Harry Moore, 2203 N. 7th, stated that he owns property in this vicinity and would be in favor of this use. There being no further comment from the floor. , the public hearing was closed. After discussion by the Board, motion was made by Murray, seconded by Zahn, to grant this Special Permit as requested except that day nurseries and private nurseries schools be deleted. Motion carried by unanimous vote. PUBLIC HEARING ;f J7-15 VARIANCE TO LOT COVERAGE, 12th & Irving Streets Secretary read the application for a Variance to the permitted lot coverage in the Resi- dential R-2 Zone as submitted ty J.R.S. Construction, 830 W. Bonneville, Pasco. The Board was advised that proper notification of the public hearing had been given and no corres- pondence regarding this request had been recieved. Three of the letters of notice had been returned by the post office as 'unable to deliver!. The public hearing was then opened. Jim Seagle, 830 W. Bonneville, Pasco, stated that this property is not suitable for a single family dwelling as the land cost is too high, the lot has been vacant since platted, the lot size was platted prior to the zoning ordinance being written, he would erect a duplex, on the property observing all setbacks, 2 covered and 2 uncovered parking places would be provided off-street, and he would be willing to put in the public sidewalks but has contacted the City Engineer and found that line and grade has not been established in this area and therefore they would not be required at this time. Board of Adjustment -2- 5-25-77 Pasco, Wn. Harry Moore, 22C3 N. 7th, Pasco, stated that he owns property in this vicinity and is in 1 favor of this request as this area reeds the rental units and he has seen the JRS buildings 1 and finds them to be good construction. Howard Hubs, 1315 W. Sylvester, Pasco, questioned the parking for these units and after recieving an answer stated that he would approve of this use. There being no further comment from the floor, the public hearing was closed. After discussion by the Board, motion was made by Zahn, seconded by Fleming, to approved this request for a variance as submitted. Potion carried by unanimous vote. PUBLIC HEARING #77-16 SPECIAL PERP-a1T, Faith Assembly of God, 3201 W. Sylvester Secretary read the application for a Special Permit to conduct a non-profit private church directed school within the existing Faith Assembly of God Church buildings as submitted by Rev. Don Strong, 3207 W. Sylvester Street, Pasco. The Board was advised that proper notification of the jublic hearing had been given and no correspondence regarding this re- quest had been recieved. One letter was returned from the post office marked 'unable to deliver? . The public hearing was then opened. Pastor Don Strong, states he is not oppesed to the public school system, but there is a big demand for private schools, and they have a facility containing 18,300 sq. ft, of floor area that Is being used only on Sunday and could be utilized, part of the building is presently being used as a day care center, the property contains 3 acres and has ample parking facilities. This school would be small, 25 to 30 pupils, and is the Accelerated Christian Education system, Dallas, Texas, is accredited by the State, goes from grade 1 through 12. Some remodeling of the building might be required, but it is doubtful, and the school would start next September. Harry Moore, 2203 N. 7th, Pasco, states he owns property in the area and has no objections provided the school is State approved and has professional help. ' There being no further comment from the floor, the public hearing was closed. After discussion by the Board, motion was made by Fleming, seconded by Zahn, to approve this Special Permit as requested. Motion carried by unanimous vote. OTHER BUSIA1ESS : STATE RESIDENTIAL TRAINING CENTERS The Board was advised that the State will be submitting a request for a Special Permit in the near future to establish a residential training center within the City of Pasco and they have contacted the City Council and presented their plans for approval. This information was mailed to the Board members for study prior to the hearing. ADJOURN1JMIT: There being no further business before the Board, the meeting was adjourned at 9:03 p.m. Respectfully submitted, Ts McCurry ecretary 1 BOARD OF ADJUSTMENT July 27, 1977 Pasco, Washington REGULAR MEETING The Regular Meeting of the Board of Adjustment was held at 8:00 p.m. , Wednesday, July 27, 1977, in the Council Chambers of Pasco City Hall . ROLL CALL: Members present were David Squires , Don Fleming, Darwin Murray and Chan Tebay. APPROVAL OF MINUTES: Minutes of the Regular Meeting held May 25, 1977, were approved as written. PUBLIC HEARING #77-17 VARIANCE TO LOT WIDTH, Abode Const. , 1207 S. Railroad Ave. Secretary read the application for a Variance to reduce the required lot width to per- mit construction of a dwelling on an irregular shaped lot, as submitted by Paul B. Noble, 821 E. 15th Ave. , Kennewick, Washington , of Abode Construction Company. The Board was advised that proper legal notification of the public hearing had been given and no correspondence had been recieved concerning this request. The Public Hearing was then opened. Chairman requested comment from the floor concerning this request, and there being none either for or against, the Public Hearing was then closed. Motion was made by Tebay, seconded by Murray, to table this request until the next regu- lar meeting. Motion carried by unanimous vote. PUBLIC HEARING #77-18 SIDE YARD VARIANCE, Orval C. Pegram, 518 S. 23rd Ave. Secretary read the application for a Variance to reduce the required side yard from ten (10) feet to five (5) feet to permit construction of a patio cover as submitted by Orval C. Pegram, 518 S. 23rd Avenue, Pasco, Washington. The Board was advised that proper legal notification of the public hearing had been given and no correspondence had been recieved concerning this request. The Public Hearing was then opened. Orval Pegram, 518 S. 23rd, stated that he purchased this property a year or so ago, moved a mobile home onto it and built a wood deck. This construction met with the code requirements at that time. Since then the code has been changed and when he applied for a building permit to install a patio cover over this deck he was denied since it would infringe into the required side yard. Cliff Maxwell , 521 S. 23rd, spoke for approval of this request. John Keltch, 721 S. 28th, stated that he developed this property into a Mobile Home Subdivision under the previous code and thinks that these people should be allowed to build according to that code. Bill Billie Jacobson, Kennewick, states she owns a lot in this subdivision and would be in favor of granting this request. There being no further comment from the floor, the public hearing was closedd After discussion by the Board, motion was made by Fleming to grant this request as pre- sented. Murray amended the motion to include that this would be an open patio cover without exterior walls. The amended motion was seconded by Tebay. Motion carried by unanimous vote. PUBLIC HEARING #77-19 SPECIAL PERMIT, Washington State, 24th & Sylvester Secretary read the application for a Special Permit to construct and maintain a fourteen bed residence for developmentally disabled citizens in a Residential (R-2) Zone as sub- mitted by the State of Washington Department of Social & Health Services , Lakeland Vill- age, Box 200, Medical Lake, Washington. The Board was advised that proper legal notifi- cation of the public hearing had been given. A copy of the minutes of the Benton- Franklin Community Services Board, dated June 15, 1977, were read to the Board as pertains Board of Adjustment -2- 7-27-77 to their motion to endorse this program. A letter from the Bi-County Community Services Administrative Board, dated June 20, 1977, signed by Chairman Bruce Whitemarsh, was read. 1 A letter from Willa Elledge, 1719 N. 15th Ave. , Pasco, supporting this program was read. The Board was advised that one of the notices of public hearing had been returned by the post office as 'unable to deliver' . The public hearing was then opened. Ed Frost, State of Washington , presented this program to the Board and the public via a slide presentation and discussion of the program. Shirley Sorrells , Mid-Columbia Handicapped Services ; Warren Dobbs, Kennewick, parent of a handicapped child; Jim Dormaier, Rt 1 , Box 71 , Medical Lake, Wn. ; Mary Davis, 1804 N. 20th Ave. , Pasco; Betty Colby, Kennewick; spoke in favor of this program. Glen Stroud, 2610 W. Margaret, presented the Board with a petition containing sixty (60) signatures of property owners bordering this parcel who objected to this use. Robert LaDow, 920 N. 24th; Jim Fanning, 921 N. 26th; Grace Richardson, 700 Road 24; Blaine Purdom, Road 28; Mary Linde, Road 24; Bill Kersley and John Keltch objected to this use as the property is too small for the project and they thought it would be a waste of the citizens tax money. Willa Elledge spoke in favor of granting this Special Permit. There being no further comment from the floor, the public hearing was then closed. After discussion by the Board, motion was made by Tebay, seconded by Fleming, to grant this Special Permit as requested. Motion carried by the following vote: Murray, yes ; Fleming, Yes; Tebay, yes ; Squires , no. PUBLIC HEARING #77-20 VARIANCE TO LOT COVERAGE, Lawrence Barnes , 2705 W. Bonneville Secretary eead the application for a variance to allow lot coverage of 44.8% on his parcel as submitted by Lawrence Barnes, 2705 W. Bonneville Street, Pasco. The Board was advised that proper legal notification of the public hearing had been given and no correspondence had been received either for or against this request. Six of the notices of public hearing had been returned by the post office marked ' unable to deliver' . The public hearing was then opened. Larry Barnes , 2705 W. Bonneville Street, stated that since the time he purchased this property and now the code has been changed in-so-far as it will not allow him to build patio covers and a carport as he had originally planned. He has poured the slabs for the patio covers and the driveway and is now ready to install the covers but is unable to obtain a building permit. The previous code would have allowed 60% cover of this property. John Keltch, 721 S. 28th Ave. , stated that he has developed three (3) mobile home sub- divisions under the old ordinance and sold them to people with the understanding that they could cover 60% of their property. The new ordinance has cut this figure in half and also requires larger yard areas. Neither he nor the property owners like the new ordinance. Billie Jacobson, Kennewick; Paul Liedy, 2724 W. Bonneville; Don Sprinkle, 327 S. 25th; Bob Cook & Mamie Cook, 2706 W. Hopkins; all spoke in favor of grantigg this variance. There being no further comment from the floor, the public hearing was closed. After discussion by the Board, motion was made by Fleming, seconded by Tebay, to grant this variance to allow 44.8% coverage on this parcel . Motion carried by unanimous vote. PUBLIC HEARING #77-21 SIDEYARD VARIANCE, J.G. Balthazor, 704 W. Henry Street Secretary read the application for a variance to the Zoning Ordinance which requires a 15' sideyard in the residential zone on a corner lot as submitted by Joseph G. Balthazor, 704 W. Henry Street. The Board was advised that proper legal notification of the public hearing had been given and no correspondence had been recieved either for or against this request. One letter of notification had been returned by the post office marked 'unable to deliver' . The public hearing was then opened. Board of Adjustment -3- 7-27-77 Rhody Sage, Kennewick Building Contractor, advised the Board that Mr. Balthazor was unable to attend this meeting. Mr. Balthazor would like to eNtend his kitchen and bed- room eight feet toward the alley and add a second bathroom. The existing house is in violation of the present code, but was legal when built. This addition would not further violate the code, but would allow extending the building on the same building line. Walter Oberst, 716 W. Henry Street, spoke in favor of this request. There being no further comment from the floor, the public hearing was closed. After discussion by the Board, motion was made by Murray, seconded Yy Fleming, to grant this variance as requested. Motion carried by unanimous vote. PUBLIC HEARING #77-22 SPECIAL PERMIT, Marvin J. Nelson, 2009 W. Pearl , Pasco Secretary read the application for a Special Permit to allow constructdion of an office building in the Residential (R-3) Zone as submitted ky Marvin J. Nelson and John E. Ellson, 1906 N. 20hh Avenue, Pasco. The Board was advised that proper legal notification of the public hearing had been given and no correspondence has been recieved either for or against this request. The public hearing was then opened. Marvin J. Nelson, 1906 N. 20th Ave. , stated that he and John Ellson would like to erect an office building on the property to the west of their present building. A plot plan and elevation of this building were submitted to the Board. There being no further comment from the floor, the public hearing was closed. After discussion by the Board, motion was made by Tebay, seconded by Murray, to grant this Special Permit as requested. Motion carried by unanimous vote. Other Business: None ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 10:30 p.m. Respectfully submitted, l James H. McCurry Secretary BOARD OF ADJUSTMENT August 24, 1977 Pasco, Washington REGULAR MEETING The Regular Meeting of the Board of Adjustment was held at 8:00 p.m. , Wednesday, August 24, 1977, in the Council Chambers of Pasco City Hall . ROLL CALL : Members present were Don Fleming, Chan Tebay & Shirley Zahn. APPROVAL OF MINUTES: Minutes of the Regular Meeting held July 27, 1977, were approved as written. APPOINTMENT OF CHAIRMAN: Due to the absence of the Chairman, motion was made by Zahn, seconded by Tebay, to appoint Fleming as Chairman Pro-Tem for this meeting. PUBLIC HEARIN #77-17 Variance to Lot Width, Abode Const. , 1207 S. Railroad Ave. Secretary read the application as submitted, advising the Board that this was continued business from last month and that the applicant had been notified that the hearing would be held this date. Public Hearing was then opened, however, there was no one in the audience to speak either for or against this request. Public Hearing was then closed. Motion made by Tebay, seconded by Zahn , to deny this request due to lack of interest on the part of the applicant. Motion carried by unanimous vote. PUBLIC HEARING #77-23 VARIANCE TO LOT COVERAGE, 819 W. Octave, Stephen Spencer Secretary read the application for a variance to allow lot coverage of 32.5% on his } parcel as submitted by Stephen Spencer, 819 W. Octave Street, Pasco. The Board was advised that proper legal notification of the public hearing had been given and no corr- espondence had been received either for or against this request. One of the notices of public hearing had been returned �y the post office marked 'unable to deliver' . The public hearing was then opened. Stephen Spencer, 819 W. Octave, spoke for this request, stating that his family has grown to the point that they must either enlarge their present dwelling or purchase a larger one. The most economical for them would be to enlarge their house by adding a family room. There is an existing patio cover, 18'x18' , between the house and garage and they propose to remove this roof structure and replace it in kind with a room. The patio cover was erected in 1955 and was apparently legal at that time. No one else spoke either for or against this proposal . The public hearing was then closed. After discussion by the Board, motion was made by Zahn, seconded by Fleming, to permit coverage of 32.5% of this parcel since (1 ) the strict ppplication of the Zoning Regula- tions would produce unnecessary hardships inconsistent with it general purpose and intent, (2) no exceptional circumstances would be enjoyed that do not apply generally to other property in the same neighborhood, and (3) the granting of the variance would not be materially detrimental to the public welfare or injurious to the property in the ajacent neighborhood. Motion carried by the following vote: Fleming, yes ; Zahn, yes; Tebay, No. FILE NO 77-24 REQUEST FOR INTERPRETATION, Richland Lumber, Inc. , 2400 W. Court Street Secretary read the request for interpretation of the zoning ordinance as submitted by the Richland Lumber, dba Big Pierre Lumber, 2400 W. Court Street. Section of the Code in question was 22.72.010(4) concerning extension of a non-conforming use. Edward McKinley, Attorney, stated that the company would like to expand the retail sales area of their building, which is a legal use in the C-1 Zone, which would in essence reduce the lumber yard in size and deminise the non-conforming use by that amount. Their future goal is to change their operation from a lumber yard to a home center and hardware store, which would then be a legal use. They would still handle small quantities of Board of Adjustment -2- 8-24-77 Pascq, Wn. lumber and building materials , but would cater to the home owner rather than building contractors. The change over would take several years , but they have been working along this line for several years already. Ken Bennett, Big Pierre Lumber, restated the same, indicating that if the increased building were allowed, it would be used for retail sales and display area, and the off- street parking for customers would be increased proportionately. Eventually, they would like to get out of the wholesale lumber business altogether and change their business to retail sales to home owners. There being no further comment from the floor, the public hearing was closed. After discussion by the Board, motion was made by Zahn, seconded by Tebay, to allow the extension of the retail sales on this parcel since this would not be extending an unlaw- ful use. Motion carried by unanimous vote. OTHER BUSINESS: File No. 77-19 Washington State Home for Developmentally Disabled Citizens. The Board was advised that a suit has been filed in Superior Court concerning the approval of this Special Permit. The Court will make determination as to whether or not the Board acted within its powers. The final result will be to either uphold the Board's decision or to reverse it. ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 8.45 p.m. Respectfully submitted, t tarries H. McCurry Secretary (((���"' I BOARD OF ADJUSTMENT September 28, 1977 Pasco, Washington REGULAR MEETING The Regular Meeting of the Board of Adjustment was held at 8:00 p.m. , Wednesday, September 28, 1977, in the Council Chambers of Pasco City Hall . ROLL CALL: Members present were David Squires, Darwin Murray, Chan Tebay, Shirley Zahn and Donald Fleming. APPROVAL OF MINUTES: Minutes of the Regular Meeting held August 24, 1977, were approved as written. PUBLIC HEARING #77-25 Variance to Lot Coverage, Henry Van Doren, 604 S. 25th Secretary read the application for a variance to allow lot coverage of 38% on this parcel as submitted by Henry C. Van Doren, 604 S. 25th Avenue, Pasco. The Board was advised that proper legal notification of the public hearing had been given and no correspondence had been recieved, either for or against this request. Four of the notices of public hearing had been returned by the post office marked ' unable to locate' . The public hear- ing was then opened. Mr. Van Doren spoke in favor of this request, stating that he wished to build a 22 'x24' carport for storage of his boat and automobile. He stated that this structure would be a minimum of 5 feet from any side or rear lot line and 11 feet from his dwelling. The structure would be at the rear of his property and not visible from the street, would be constructed of steel , and would compliment the existing buildings. Paul Lawson, 1017 W. Sylvester, stated that he owns the property to the rear of this parcel and has no objections to this improvement and feels that it would improve the neighborhood. Earl Warren, 120 S. 26th, stated that he also owns property at the rear of this parcel and has no objections to the construction of this carport, and doesn't feel that it would harm or be a detriment to the neighborhood. No one else spoke either for or against this proposal . The public hearing was then closed. After discussion by the Board, motion was made by Zahn , seconded by Tebay, to permit coverage of 38% of this parcel since (1 ) the strict application of the Zoning Regulations would produce unnecessary hardship inconsistent with its general purpose and intent, (2) no exceptional circumstances would be enjoyed that do not apply generally to other prop- erties in the same neighborhood, and (3) the granting of the variance would not be mater- ially detremental to the public welfare or injurious to the property in the ajacent neighborhood. Motion carried by the following vote: Yes - Fleming, Tebay, Zahn, Murray. No - Squires. PUBLIC HEARING #77-26 Variance to Parking Requirements , Shanks & Huston, 423 N. Oregon Secretary read the request for a variance from the off-street parking requirements as sub- mitted by R.E. Shanks and H.G. Huston, Box 3004, Spokane. The Board was advised that proper legal notification of the public hearing had been given and no correspondence had been recieved, either for or against this request. The public hearing was then opened. R.E. Shanks , Box 3004, Spokane, stated that he owns the existing building on these eight lots and has been contacted by the Motorola Corp. to build an addition to this structure for their use. The size of the total building would reduce the parking area down to 14 vehicles, which would amount to 1 off-street parking space for each 1 ,000 square foot of floor area. Motorola is basically a radio installer and repair business that does not generate a lot of traffic as they schedule there business and do the installation work inside the building. No one else spoke either for or against this request. The public hearing was then closed. After discussion by the Board, motion was made by Murray, seconded by Zahn, to reduce the required off-street parking on this parcel to 1 space for each 1 ,000 square foot of build- Board of Adjustment -2- 9-28-77 ing since (1 ) the strict application of the Zoning Regulations would produce unnecessary hardship inconsistent with its general purpose and intent, (2) no exceptional circum- stances would be enjoyed that do not apply generall to other property in the same neigh- borhood, and (3) the granting of the variance would not be materially detrimental to the public welfare or injurious to the property in the ajacent neighborhood. Motion carried by the following vote: Yes - Zahn, Fleming, Murray, Squires. No - Tebay. PUBLIC HEARING #77-27 Variance to Side & Rear Yard, Boise Cascade, 2410 N. 4th Ave. Secretary read the request for a variance from the required side and rear yards in the Industrial Zone as submitted by Boise Cascade Corporation, 2410 N. 4th Avenue. The Board was advised that proper legal notification of the public hearing had been given and no correspondence had been recieved, either for or against this request. The public hearing was then opened. Willis Kellie, 5121 W. Irving, Pasco, stated that he is the manager of the lumber yard, which they just acquired, and they are in the process of remodeling and improving the existing structures and erecting new structures. Plans were submitted for an open-faced storage building in the south-west corner of the property. They request that this build- ing be allowed within 3 feet of the south and west property boundaries since there is no access to the property in this area due to the street elevation being several feet above their ground level . No one else spoke either for or against this request. The public hearing was then closed. After discussion by the Board, motion was made by Fleming, seconded by Murray, to grant this request since (1 ) the strict application of the Zoning Regulations would produce unnecessary hardships inconsistent with its general purpose and intent, (2) no exceptional circumstances would be enjoyed that do not apply generally to other property in the same neighborhood, and (3) the granting of the variance would not be materially detrimental to the public welfare or injurious to the property in the adjacent neighborhood. Motion carried by the following vote: Yes - Tebay, Zahn, Squires , Fleming, Murray. OTHER BUSINESS: None. ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 9:00 p.m. Respectfully submitted, dw;we James H. McCurry; Secretary t BOARD OF ADJUSTMENT Pasco, Washington November 30, 1977 REGULAR MEETING The Regular meeting of the Board of Adjustment was held at 8:00 p.m. , Wednesday, November 30, 1977 in the Council Chambets of City Hall_ ROLL CALL MEMBERS PRESENT David Squires Chan Tebay Shirley Zahn Darwin Murray Don Fleming APPROVAL OF MINUTES: The minutes from the meeting of September 28, 1977 were approved as presented, PUBLIC HEARING-- SPECIAL PERMIT - FLOYD SANDAVOL - File No.77-28 1515 North Seventh Avenue Chairman Squires requested the acting secretary read the application as submitted. The acting secretary read the application for the special permit to allow vermiculture, the operation of raising worms in a residential (R-3) zone as submitted by Floyd Sandavol, 1515 North Seventh Avenue. The Board as advised that proper legal notification of the public hearing had been given and no correspondence was received either for or against the request. The public hearing was then opened. Floyd Sandavol stated that he and a pardner would like to erect a steel building on the west side of his residence, 1515 North Seventh Avenue to raise worms. He indicated they would be willing to design a building that would comply with all city building codes and landscape the area to make the structure and the surrounding area attractive to be in harmony with the existing community. In addition, he stated that; the vermiculture operation would be totally contained within the proposed building; feed (corn mill) would be hauled in and worms would be harvested once a month, packaged and shipped via air freight to Eugene, Oregon. Mr. Sandavol completed his presentation by adding, there will be no noticable noise, flashing lights of any sort of fumes or vibrations; disease or distinct odor connected with raising worms. David Bowers who owns apartment directly across the street from the proposed vermiculture operation, spoke against granting the special permit. He stated that he feels this kind' of business should be kept outside of the city and that he would have trouble renting apartments across from 1515 North Seventh. Page 2 Board of Adjustment Minutes November 30, 1977 Roger Straswick, acontract purchaser of property in the area, also spoke against the granting of the special permit because he felt that the proposed building and operation would not blend in with the surrounding community. There being no further comments from the floor, the public hearing was closed. After discussion by the Board, a motion was made by Shirley Zahn to deny granting the request for special permit at 1515 North Seventh. The motion was seconded by Chan Tebay. The motion carried unanimously. There being no further business Shirley Zahn made a motion to adjourn. Don Fleming seconded the motion. The motion carried unanimously. Meeting adjourned at 8:57 p.m. Respectfully submitte, � W14V Donald Smith, Acting Secretary Pasco Board of Adjustment i Pasco, Washington 99301 1 BOARD OF ADJUSTMENT Pasco, Washington December 28, 1977 REGULAR MEETING The regular meeting of the Board of Adjustment was held at 7:58 p.m. , Wednesday, December 28, 1977 in the Council Chambers of City Hall. ROLL CALL MEMBERS PRESENT - ABSENT - David Squires, Chairman - Absent Chan Tebay Don Fleming Darwin Murray - Absent Shirley Zahn The minutes from the meeting of November 30, 1977 were read in its entirety by acting secretary, Donald Smith. Shirley Zahn made a motion to accept the minutes as presented. Chan Tebay seconded the motion. The motion carried unanimously. PUBLIC HEARING - .JRS CONSTRUCTION, 830 West Bonneville, Pasco, Washington FILE NO. 77-29 (proposed site of construction 1117 and 1121 West Yakima Street, Pasco, Washington between 10th and 12th Avenue) In the absence of the chairman, Don Fleming was in charge of tonights meeting. The property is located on Lots 9 through 12, Block 5, O'Keefe's Second Addition. Acting Secretary Donald Smith read the petition for a variance. SPEAKING FOR THE REQUEST Jim Siegel the owner of the property spoke in favor of the request. As it stands now he can build the duplexes he intends to build but can't sale them until they are completely finished. What he is asking the Board for is a variance in order that he may sale the buildings before they are completed. Mr. Siegel also informed the Board that his request for the vacation of the north-south alley lying in Block 5 of O'Keefe's Second Addition was granted. At this point he informed he had tentative buys on the buildings. They are to be completed in April. Don Fleming declared the public hearing closed for discussion by the Board. And stated that the Board was unaware of any alley vacation he further stated that the application and the presentation given by Mr. Sigel was entirely different. - After some discussion the Board opened the hearing again. SPEAKING AGAINST THE REQUEST Gordon Halliday had questions regarding the zoning of the property. Basically he wanted to know if the property was zoned for deplexes. The acting Secretary answered affirmative. The Board declared the hearing closed once again for more discussion. Page 2 L.J Mr. Halliday informed the Board that the City Manager, City Building Inspector and himself had inspected some duplexes erected by Mr. Sigel and found that the apartments had barely meet code. He express concern that this was about to happen again. After some discussion by the Board Chan Tebay made a motion to deny the request for File No. 77-29. Shireley Zahn seconded the motion. Motion carried unanimously. There being no further business Shirely Zahn' made a motion to adjourn Chan Tebay seconded the motion. The motion carried unanimosuly. Meeting adjourned at 8:35 p.m. Respectfully submitted, Donald Smith, Acting Secretary . 't t